Investigations and Audits
While the transportation industry is largely deregulated, a substantial number of federal, state, and local government agencies write and administer a long—and growing—list of rules affecting transportation providers.
These agencies regularly inspect for noncompliance, and they have the power to assess civil penalties for violations, place assets “out of service,” or worse.
When the inspectors come calling, it is important to be prepared.
The Firm’s multi-disciplinary Investigations and Audits practice can help. The practice combines a deep knowledge of the regulations impacting transportation providers with experience helping clients navigate the complex web of agencies and enforcement regimes.
Scopelitis can defend your business in a wide range of investigations, including:
- US DOT Safety Compliance Issues
- FMCSA and state licensing, permitting and authority issues
- Federal Motor Carrier Safety Administration compliance reviews and safety audits
- Transportation Security Administration and Federal Aviation Administration inspections concerning air-cargo security and dangerous-goods compliance
- Environmental Protection Agency investigations involving violations of California’s Truck and Bus Regulation and Drayage Truck Regulation
- Department of Labor wage-and-hour audits
- Occupational Safety and Health Administration inspections
- Equal Employment Opportunity Commission investigations
- State unemployment and unclaimed-property audits
In addition, the Firm regularly defends clients facing investigations beyond those conducted by government agencies, including:
- Premium audits conducted by insurers
- Pension fund audits for unionized workforces
- Contract audits conducted by shippers (e.g., for most-favored-nation clauses)
The Firm’s Investigations and Audit practice also collaborates with the Mergers and Acquisitions team on due diligence projects. While we primarily employ these skill sets on buyer-side projects, our experience in these areas aids sellers in understanding their strengths and weaknesses as they prepare for sale.